Ilhan Omar's Attorneys Call Federal Home Search Unlawful

Attorneys for Rep. Ilhan Omar have asked the Department of Justice to return property seized from her home during a federal search, arguing the seizure was "neither justified nor lawful," according to a letter reported by the Associated Press and detailed by The Guardian.

The Minnesota Democrat's lawyers sent the letter days after agents searched her home, part of a federal investigation opened weeks before the Nov. 3 midterms, in which Omar is on the ballot.

What did federal agents take from Omar's home

The federal government seized Omar's phone and has issued more than a dozen grand jury subpoenas, including subpoenas to her relatives, as part of the inquiry, the Guardian reported. The scope and target of the underlying investigation have not been detailed in public court filings cited by the outlet.

What are Omar's attorneys asking the Justice Department to do

Omar's lawyers asked the Justice Department to return the seized property and to preserve any recordings made during the search, according to the letter cited by the Guardian. The attorneys wrote there is "no legitimate basis for any suggestion that she has violated any law concerning her citizenship status," a line first reported by the Wall Street Journal and relayed by the Guardian.

The lawyers also wrote that the investigation "violates Representative Omar's constitutional rights and threatens the separation of powers," calling it "this vindictive, retributive, and politically motivated criminal investigation into one of the president's chief congressional critics."

How has the Justice Department responded

Justice Department spokesperson Emily Covington said the letter from Omar's defense team was "riddled with false allegations and inaccuracies," according to the AP account cited by the Guardian. "Our attorneys and law enforcement partners complied with all court orders and legal obligations, as they always do," Covington said in a text message Friday evening, the Guardian reported.

What else do Omar's attorneys allege about the search

Beyond contesting the legality of the seizure, Omar's lawyers accused the Justice Department of violating its own longstanding policy meant to avoid influencing elections through prosecutorial action close to a vote. The letter also raised questions about whether investigators followed instructions issued by the magistrate judge who authorized the search, according to the Guardian's reporting.

How does the investigation connect to the midterm elections

The inquiry began weeks before Omar's Nov. 3 reelection contest, prompting Democrats to accuse President Trump of using the power of his office to target a political opponent. The Guardian reported the accusation without independent confirmation of the investigation's origin or timing rationale from the Justice Department.

The dispute adds a legal flashpoint to a midterm cycle already marked by heavy spending, with campaign ad spending topping $10 billion nationally this cycle, according to HTT News reporting.

Neither Omar's office nor the Justice Department has indicated when the dispute over the seized property might be resolved. The underlying grand jury investigation remains open, and no charges against Omar had been filed as of the Guardian's Friday report.